Criminal proceedings including appeal would take years to be disposed of
you need funds for subsistence and cannot be denied father terminal benefits because case is pending against your mother
Pay terminal and pensionary benefits and other dues of late father
The case is that I was a minor of three years old when my father committed suicide while working for a goverment institute. My mother was convicted of abatement to his suicide and against the conviction, she was granted bail and condition was imposed that she would not be entitled to derive any sort of advante/benefit following my father's death. On the OA filed by me for release of pension to me, the respondent have come back saying that the pension can be paid to the next eligible person only when the criminal proceedings are concluded against my mother. Is there anything we can do here?
Asked 12 months ago in Civil Law
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5 Answers
If you are aggrieved by the decision of the tribunal, you may approach high court with a writ petition challenging the ruling
you can consult an advocate of high court and proceed as suggested
Dear client,
Given that there are criminal procedures and pension entitlement, the situation appears complicated. The Indian Succession Act and the Criminal Procedure Code (CrPC) may be pertinent in India. You can think about requesting the criminal case to be moved forward more quickly or getting legal counsel to contest the terms of your mother's bail, which include receiving pension payments. The Public Provident Fund (PPF) Act and applicable government service regulations may also have an effect on how pensions are distributed.
Hope this helps you.
You can challenge the order in writ petition before HC
- Since, there is a order that your mother cannot take an benefit of your fathers death , it means legally she is not entitled to take the said pension , and you being the legal heir is entitled to take the same.
- However, if the proceeding is still going on , then she cannot be said an accused in the said matter until conviction order passed by the court.
- You can challenge the said order before the High Court on the ground of conviction order was already passed by the trail court, and hence you are entitled to receive the pension.
